Age verification - court order amendment

Clause 23, page 25, line 3, leave out from ‘where’ to ‘section 22 (4)’ and insert__

‘ (1)Where the age-verification regulator considers that a person (“the non- complying person”) is—

(a) contravening section 15(1), or

(b) making prohibited material available on the internet to persons in the United Kingdom,

the Secretary of State may by regulations make provision about the granting by a court of a blocking injunction in respect of a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that is contravening, or has contravened, section 15(1) of this Act.

(2) “Blocking injunction” means an injunction that requires an internet service provider to prevent its service being used to gain access to a location on the internet.

(3) Regulations introduced under subsection (1) above must:

(a) make provision about the type of locations against which a blocking injunction should be granted;

(b) make provision about the circumstances in which an application can be made for a blocking injunction;

(c) outline the type of circumstances in which the court will grant a blocking injunction;

(d) specify the type of evidence, and other factors, which the court must take into account in determining whether or not to grant a blocking injunction;

(e) make provision about the notice, and type of notice, including the form and means, by which a person must receive notice of an application for a blocking injunction made against them; and

(f) make provision about any other such matters as the Secretary of State considers are necessary in relation to the granting of a blocking injunction by the court

(g) make provision for a person with a blocking injunction made against them or the site operators or publishers or their customers to appeal the decision to the court.

(4) Regulations under this subsection must be made by statutory instrument.

(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this Part— “Internet service provider” has the same meaning as in section 16 of the Digital Economy Act 2010. In the application of this Part to Scotland “injunction” means interdict.’